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Equal Pay Litigation Update: Will Pay Equity Be Near The Top Of The Agenda For The New Biden Administration? Issues For Employers...

Seyfarth Synopsis: As the transition to a Biden administration draws near, what pay equity developments can employers expect under his presidency? An analysis comparing pending federal bill H.R. 7, titled the Paycheck...more

COVID-19 Employment Litigation Trends Update: Part I

Employees continue to file COVID-19-related lawsuits against their employers at a rapid clip. In July, we identified five categories of cases that seemed to be driving COVID-19 employment litigation: (1) alleged failure to...more

EEOC Update: Commission’s Litigation Report Card Trumpets A Surge In Recoveries And A Cut In Backlog

Seyfarth Synopsis: On November 16, 2020, the EEOC released its “Agency Financial Report” (“AFR”) for Fiscal Year 2020. The AFR is a data compilation regarding the EEOC’s financial health, initiatives, and guiding principles,...more

EEOC Update: The Commission Holds Public Meeting On Cooperation Between EEOC, DOJ, And DOL

Seyfarth Synopsis: On November 2, 2020, the EEOC held its first public meeting of its fiscal year, and the first meeting with its three new commissioners. The public meeting was held so that the Commission could consider a...more

EEOC Update: The Commission Finally Releases Its Proposed Amendments For Its Conciliation Process

Seyfarth Synopsis: As we first reported here, the EEOC announced in August 2020 that it was proposing significant amendments to its conciliation process via a notice of proposed rulemaking (“NPRM”), though specific details...more

EEOC Fiscal Year 2020 Fizzle? The EEOC’s Year Comes To A Surprisingly Quiet Close

Seyfarth Synopsis: In the last fiscal year before the November 2020 election, the EEOC made significant changes to many of its programs, all in the midst of the global COVID-19 pandemic. Like most employers across the...more

EEOC Update: The Commission Offers Updated COVID-19 Guidance To Address Additional ADA Considerations

Seyfarth Synopsis: On September 8, 2020, the EEOC updated its Technical Assistance Q&A webpage to address 18 new questions regarding the application of the Americans With Disabilities Act (“ADA”), the Rehabilitation Act, and...more

EEOC Update: The Commission Issues A Rare Opinion Letter Interpreting Requirements For Pattern Or Practice Claims

Seyfarth Synopsis: On September 3, 2020, the EEOC issued an opinion letter (only its second of the year) regarding the Commission’s interpretation and enforcement of § 707(a) of Title VII, which authorizes the EEOC to sue...more

EEOC Update: The Commission Holds Public Meeting On Proposed Amendments To Conciliation Process

Seyfarth Synopsis: On August 18, 2020, the EEOC held a public meeting to address a notice of proposed rulemaking containing potential substantive amendments to the Commission’s conciliation process. Though a copy of the...more

EEOC Update: The Commission Resumes Issuance of Charge Closure Documents

Seyfarth Synopsis: On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents...more

COVID-19 Employment Litigation Trends

The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis.  ...more

EEOC Update: The Commission Announces Two New Pilot Programs For Conciliation And Mediation Processes

Seyfarth Synopsis: On July 7, 2020, the EEOC announced in a press release two new six-month pilot programs aimed at increasing voluntary resolutions of discrimination charges. One of the new programs seeks to increase the...more

U.S. Supreme Court’s Rules That Title VII Protects LGBT Workers, Likely To Expand The EEOC’s Eye On Employers

Seyfarth Synopsis: In a landmark decision for gay and transgender employees, the U.S. Supreme Court held in Bostock v. Clayton County, Georgia, No. 17-1618, 2020 U.S. LEXIS 3252 (June 15, 2020), that Title VII prohibits...more

EEOC Update: The Commission Rolls Out Its Latest COVID-19 Guidance

Seyfarth Synopsis: On June 11, 2020, the EEOC updated its Technical Assistance Q&A webpage to address several new questions submitted by employers and their counsel regarding the application of the Americans With...more

EEOC Update: The Commission Unveils New Guidance To Provide More Transparency For Commissioner Charges And Directed Investigations

Seyfarth Synopsis: On June 5, 2020, the EEOC rolled out a new webpage specifically addressing its procedures for instituting Commissioner charges and directed investigations. The webpage provides much-needed insight into...more

EEOC Update: The Commission Rolls Out Pilot Program On Conciliating Discrimination And Harassment Allegations

Seyfarth Synopsis: As reported here, on May 29, 2020, EEOC Chair Janet Dhillon advised agency officials of a new, six-month pilot program changing the Commission’s practices in settling workplace bias claims before pursuing...more

Updated EEOC COVID-19 Guidance: The Commission Officially Sanctions Employer Use Of COVID-19 Testing

Seyfarth Synopsis: In its latest update to guidance for employers in the COVID-19 pandemic, the EEOC has now clarified that employers can test employees for COVID-19 without running afoul of the Americans With Disabilities...more

Updated EEOC COVID-19 Guidance: The Commission Adds New Q&A To Help Employers Understand Their EEO Obligations In These Trying...

Seyfarth Synopsis: The EEOC recently released updated guidance for employers trying to navigate the federal anti-discrimination laws in the COVID-19 era – entitled What You Should Know About the ADA, the Rehabilitation Act,...more

Compliance Alert: The EEOC Announces Its Views On ADA, Title VII, and ADEA Considerations During The Pandemic

Seyfarth Synopsis: On March 27, 2020, the EEOC announced its views on the COVID-19 pandemic. In particular, the EEOC provided guidance on how laws under its jurisdiction, such as the ADA, Title VII, and GINA, should be...more

EEOC COVID-19 Update: The Commission Clarifies Employers’ Obligations Under The ADA And The Rehabilitation Act

Seyfarth Synopsis: In the past 24 hours, the EEOC released a statement: What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which gives employers some guidance on how they can navigate the safety...more

Pay Equity Litigation Update:  Third Circuit Upholds Philadelphia Ordinance Banning Inquiries Into Job Applicants’ Pay History

Seyfarth Synopsis: Many states and cities have recently enacted laws prohibiting employers from inquiring about an applicant’s salary history or seeking that information from the applicant or the applicant’s current or former...more

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...more

EEOC Chair Janet Dhillon’s Announcement Of Strategic Priorities: A New Era Of Transparency For The Commission?

Seyfarth Synopsis: On February 4, 2020, EEOC Chair Janet Dhillon’s released a list of priorities for the Commission in 2020. While the priorities primarily focus on continuing to seek justice for workers raising claims of...more

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